Winter Park Military Divorce Attorneys
Servicemembers and Military Retirees
Divorce can affect families in many different walks of life, and that includes families with one or more members who serve in the military. While a military divorce will involve many of the same issues as another divorce, including child support, spousal support, property division, and child timesharing and visitation, there are several additional legal issues that must be addressed in a divorce involving a military member. It is important to contact an attorney who understands all of the unique legal questions that can arise in a military divorce.
Only a few examples of issues that need to be addressed in a military divorce include the following:
- Where should you file for divorce – where you are stationed or in a location in which you have permanent residency?
- Providing proper notice to the military spouse overseas in line with the Servicemembers Civil Relief Act.
- Deciding whether to use active-duty pay or off-duty pay for spousal support or child support determinations.
- Whether the military member will still provide health benefits for any children.
- How deployment or relocation will affect timesharing, visitation, and parenting plan determinations.
- Whether the non-military spouse is eligible to receive military retirement benefits.
There can be many additional issues present depending on the circumstances of your case. As you can see, divorce cases involving a military member can be complicated and you need a skilled Winter Park military divorce attorney who understands both family and military-related laws.
Helping the Healing Process
At The Law Offices Of Aubrey Harry Ducker, JR., P.L.C., we have a deep understanding and respect for military service members and their families. Service to your country is important, and families are affected by it in varying ways. As a law firm, we aim to protect the service members, along with their families, thereby helping everyone heal when emotional strife occurs. If you are seeking dissolution of marriage with a military service member, we will treat your case with the sensitivity it deserves. If you are a member of the military and need help with a specific family law case, we can help you.
Winter Park Military Divorce Lawyer Who Understands
Having served in the Navy for eight years, attorney Aubrey Harry Ducker Jr., understands and respects the issues that military families can face. Many retired service members face long lasting physical and psychological issues, such as post-traumatic stress disorder, or physical limitations. These kinds of disorders and disabilities can affect the family members more than the service member realizes. Unfortunately, in some cases, psychological struggles can lead to a separation or divorce.
If you are the spouse of a veteran who is struggling with a mental disorder or emotional problems, we can provide assistance in ensuring that the various matters in your divorce are settled in the most compassionate way possible in the best interests of you and your children. If you are a military member who is facing divorce or a child custody challenge, we understand what you are going through and will strive to settle the case efficiently and with as little conflict as possible.
We can offer compassionate and experienced advice and legal representation throughout your divorce. If your spouse is currently out of the country, we can start the divorce process despite his or her absence, providing all necessary notice under the Soldiers and Sailors Relief Acts.
Florida Retired Military Divorce Law
One common issue in a military divorce case is the division of a military pension plan. If you are a military spouse and you meet certain requirements, you may be entitled to receive retirement benefits directly from the government and will not have to rely on your former spouse to turn the benefits over. For example, you may be eligible if the following criteria are met:
- You were married to a military member for at least ten years; and
- Your spouse was a member of the military for at least ten years of your marriage.
If you do not meet the above criteria, you still may be eligible to part of your spouse’s retirement benefits, however, the order would come from the family courts and the payments would not come directly from the military. An experienced military divorce lawyer can check to see if this situation may apply in your case.
Dividing up a pension plan typically requires a Military Court Order. With our in-depth knowledge in handling military divorces, our Winter Park military divorce lawyers know what to look for in order to protect your rights.
We will make sure that the contracts are properly drafted, and that you don’t lose out on important retirement interests and military benefits.
Military divorce cases can be complicated and many non-military attorneys do not understand your full rights to benefits under the law in this type of case. If you are seeking legal representation, contact an Winter Park military divorce attorney today. Call us at 407.645.3297 or contact us online.